What is the test for prejudice in a motor vehicle accident case?
Ontario, Canada
The following excerpt is from Fitzpatrick Estate v. Medtronic Inc., 1996 CanLII 8118 (ON SC):
The claim is a substantial claim arising from the death of a relatively young man with dependants. This distinguishes it from Deaville v. Boegeman (supra) wherein MacKinnon J.A., in considering the issue of prejudice to the defendants found that the injury was not a serious one.
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